Court : Andhra Pradesh
Reported in : 2002(3)ALD667; 2002(3)ALT794
..... 2000(4)ald630 , has observed as follows:undisputedly, the college is a university within the inclusive definition of that term under section 2(f) of the university grants commission act, 1956.....section 26(9)of the act gives power to the commission to make regulations for maintaining the minimum standard of instruction for the grant of any degree by ..... any university. as per section 14 of the act such regulations are binding on all the universities and autonomous colleges. in exercise of the said power, the commission has framed the ugc regulations ..... essential that one should attend an educational institution, call it by any name gurukulam, madrasa, or college, along with other students who come from various cross-section of the society. this was the reason that why the great kings and emperors of this country always sent their sons to the gurukulas headed by famous .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2003(3)ALD185; 2003(1)ALT321; 2003(1)ARBLR611(AP)
..... earlier the concerned authority could be directed by mandamus to perform its duty.'the apex court in the case of datar switchgears limited v. tata finance limited, : (2000)8scc151 , considered the scope of section 11(6) with reference to the appointment of an arbitrator by the party having responsibility to appoint such arbitrator. it was held as far ..... consideration are, (1) what is the nature of the order that is passed by the chief justice or his nominee in exercise of power under sub-section (6) of section 11 of the act? and, (2) even if said order is held to be administrative in nature what is the remedy open to the person concerned if his request ..... the appointment process. that being the position, it is reasonable to hold while discharging the functions under subsection (6), the chief justice or his nominee will be acting in his administrative capacity and such a construction would sub serve the very object of the new arbitration law. paragraph 6 of the said judgment reads as under:'the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(3)ALD406; 2002(3)ALT689
..... so much stress on clause (20) of ex. a2 and when he got adverse finding on account of testing of clause (20) with the touch stone of section 42 of the act, he is not entitled to plead that it is a licence deed leading to an irreconcilable situation betweenthe plea of partnership and licence. i therefore, do not find ..... an undisputed fact that at any point of time the 2nd party paid not more than rs. 2,000/- per month to the 1 st party. 23. section 42 of the indian partnership act contemplates various methods of dissolution of a firm. it reads as follows: '42. dissolution on the happening of certain contingencies :--subject to contract between the partners ..... . 14. the following are the substantial questions of law to be considered by this court. (1) whether the partnership firm stood dissolved by virtue of section 42(c) of the indian partnership act on account of the death of the 1st plaintiff? (2) whether there was mismanagement of the business of the partnership firm by the 1st defendant by .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(1)ALD(Cri)889; 2002(2)ALT(Cri)97
..... the debt and promised the payment of the cost of the stocks supplied but failed to pay the same and thus cheated the de facto complainant, which acts are liable to be punished under sections 420 and 406 i.p.c.3. the learned magistrate took cognizance of the charge sheet against the petitioners. thereupon, the petitioners herein filed a petition under ..... criminal case without regard to their role or participation in the alleged offences with the sole purpose of getting the loan due to the finance company by browbeating and tyrannizing the appellants with criminal prosecution. a criminal complaint under section 138 of the negotiable instruments act is already pending against the appellants and other accused. they would suffer the consequences if offence under .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [2003]115CompCas630(AP)
..... and still remains, ready and willing to do all things necessary to the proper conduct of the arbitration, such authority may make an order staying the proceedings'.section 8, arbitration & conciliation act, 1996:' power to refer parties to arbitration where there is an arbitration agreement:- (1) a judicial authority before which an action is brought in a matter ..... counsel for the respondent relied upon two decisions in the present case. the first decision is a judgment of a learned single judge of this court in lakshmi general finance ltd. v. anantha raja rao, 2002(1) ls. 173. in that case the plaintiff denied very existence of the arbitration agreement. in the present case also ..... application is not maintainable. in this regard, he placed reliance on a decision of the supreme court in state of punjab vs . geeta iron & brass works, : [1978]1scr746 . in that case section 80 notice was issued before filing the suit. the defendant was silent on receipt of the said notice. it was held that .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR2003AP2; 2003(1)ALT100
..... the improvement or construction by the defendant. once such a representation, to a standardised degree emanates from the plaintiff, the provisions of this section cease to operate and section 115 of the evidence act steps in wherein the plaintiff would be estopped.39. to invoke the plea of estoppel, it is not necessary that the defendant should ..... by the defendant and permits the defendant to undertake the same over the plaintiffs property.in such cases, the concept of estoppel by conduct under section 115 of the evidence act has to be invoked and the plaintiff has to be non-suited.he has also referred to certain authorities in the matter.33. the learned ..... by the defendants if they had pleaded the necessary ingredients of estoppel. they have neither pleaded nor established the necessary ingredients of estoppel. therefore, section 51 of the t.p. act gets squarely attracted to the facts of the case and it is a fit case for invoking the principle contained therein.43. accordingly, the defendants .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(3)ALD165; 2002(3)ALT395
..... banks are also requested to take special note of the following: 1. section 10(10c) of the income tax act read with rule 2ba.2. as per the amendments brought in by the finance act 2000, so long as the bank complies with the rules framed under section 10(10c) prior approval from the chief commissioner or director general of income ..... dimensions. in the course of deliberations, the committee noted that the economic reforms set in motion in 1990 have unleashed market forces and competition, which affected all sections of the economy including the banking sector. the high establishment cost and low productivity in public sector, which affect their profitability, makes it necessary for the banks to ..... tax, as the case may be, is not required for vrs.3. income tax shall be deducted at source in respect of ex-gratia exceeding rs.5-00 lakhs or such other ceiling as may be prescribed under the income tax act.4 .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(3)ALD24; 2002(3)ALT296
..... would be subject to howrah jurisdiction and the petitioner admitted this condition and proceeded with the transaction, this court has no jurisdiction to entertain the application under section 11(6) of the act. in our opinion, the view taken by the learned single judge, with respect, is not correct. 8. we have perused clause 11 of the ..... of sale, which reads as follows: 'transactions subject to howrah jurisdiction.' 7. the learned single judge basing on the said clause rejected the application under section 11(6) of the act on the question of maintainability of the application in this court. according to the learned judge, since the offer document stipulates the condition that the litigation ..... to the settled proposition of law declared by the apex court in r.s.d.v. finance co., pvt., ltd case (supra). thus, we hold that this court has got jurisdiction to entertain the application under section 11(6) of the act. 11. next, we refer to the decision of the apex court reported in konkan railway .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(1)ALD(Cri)896; 2002(2)ALT(Cri)110; [2003]114CompCas372(AP); [2004]55SCL543(AP)
..... industries and enterprises ltd. v. birla finance ltd. [2001] 1 ald (crl.) 757 and sunil kumar chhaparia v. dakka eshwaraiah [2001] 1 ald (crl.) 633 ; [2002] 108 comp cas 687 (ap), contended that the complaint against the petitioner is liable to be quashed. 3. heard the learned public prosecutor. 4. section 141 of the act reads : 'offences by companies.--(1) ..... . p. pollution control board v. mohan meakins ltd. [2000] 101 comp cas 278 ; air 2000 sc 1456 equally applies to the proceeding under section 138 read with section 141 of the act, against a company and its directors. therefore the burden of proof would be on the petitioner to establish that he is not responsible for the offence alleged ..... quash the complaint at this stage. as stated earlier, it is open to the petitioner to establish that in view of the proviso to sub-section (1) of section 141 of the act, he cannot be said to have committed the offence alleged. since the petitioner is alleging that he is not in charge of the affairs of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(3)ALD268
..... as on the date of absorption i.e., 1-4-1985 in jntu, the petitioners were drawing such allowance. as rightly contended, as per sub-section (2) of section 44 of the act, on absorption into the employment of jntu, a person will be governed by the terms and conditions governing the said service which shall not be less ..... reading of these two paragraphs would show that the government extended the revised pay scales as specified in schedule i to the government order in g.o.ms.no.228, finance & planning (fw.prc.i) department, dated 17-11-1986 and also agreed to extend the pay fixation formula. further, the government also ordered that typists/steno-typists ..... authority in support of the contention.3. in the counter-affidavit filed, the respondent university opposed the relief on the ground that as per g.o.ms.no.296, finance & planning (fw.t.a.) department, dated 24-11-1986, gazetted officers were sanctioned attender allowance and as the petitioners were not drawing such allowance at the time of .....
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